Bankruptcy and Creditors' Rights

Members of the Bankruptcy and Creditors’ Rights team of Ellis & Winters integrate their substantial depth of transactional and litigation experience in commercial real estate development and finance, corporate and securities, and mergers and acquisitions to guide real estate and business creditors, investors and equity holders to the best outcomes in pre-bankruptcy, bankruptcy and adversary proceedings.

The firm has comprehensive experience in this field that includes representation in Bankruptcy Court, foreclosures, restructurings and workouts. The team’s specific experience includes representation of secured creditors in Chapter 11 cases and other proceedings in Federal Bankruptcy Courts; negotiation and implementation of forbearance, subordination, and intercreditor agreements; negotiation and documentation of Debtor-in-Possession (DIP) financing; actions to dispose of property under the Uniform Commercial Code; prosecution of and defense against challenges to the security interests, liens and claims of secured creditors; and advising asset-based lenders and real estate lenders regarding foreclosures, receiverships, workouts and restructurings outside of bankruptcy.